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Non Disclosure Agreement Data Protection Template for United States

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Key Requirements PROMPT example:

Non Disclosure Agreement Data Protection

"I need a Non Disclosure Agreement Data Protection for my software company to share sensitive customer data with a third-party analytics provider based in California, ensuring CCPA compliance and strong data security measures."

Document background
The Non Disclosure Agreement Data Protection is essential for businesses operating in the United States that share sensitive information and personal data with third parties. This document has become increasingly important due to the growing complexity of data protection regulations and the need to protect both confidential business information and personal data. It provides comprehensive protection by combining traditional NDA elements with specific data protection obligations, ensuring compliance with various U.S. federal and state privacy laws. The agreement is particularly relevant in today's digital economy where data sharing is common but requires careful management and protection.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses

2. Background: Context and purpose of the agreement, including the nature of the relationship between parties

3. Definitions: Key terms including Confidential Information, Personal Data, Processing, Security Measures, and Breach

4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information

5. Data Protection Requirements: Specific obligations regarding personal data handling, processing, and protection

6. Security Measures: Required technical and organizational measures for protecting confidential information and personal data

7. Term and Termination: Duration of agreement, renewal terms, and conditions for termination

8. Return or Destruction of Information: Requirements for handling confidential information upon termination

9. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Cross-Border Data Transfers: Additional provisions for international data transfers, including compliance with data export restrictions

2. Industry-Specific Compliance: Special provisions for regulated industries such as healthcare (HIPAA) or financial services

3. Security Breach Notification: Specific procedures and timelines for reporting and handling data breaches

4. Audit Rights: Rights and procedures for auditing compliance with the agreement's obligations

5. Subcontractors: Requirements and restrictions for engaging third-party service providers

Suggested Schedules

1. Schedule 1 - Technical and Organizational Measures: Detailed description of required security measures and protocols

2. Schedule 2 - Categories of Personal Data: List of personal data types covered by the agreement and their processing purposes

3. Schedule 3 - Authorized Recipients: List of permitted recipients of confidential information and their access levels

4. Schedule 4 - Data Processing Activities: Detailed description of all data processing activities covered by the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses




















Industries

Trade Secrets Act: Federal law protecting confidential business information and trade secrets from misappropriation

Defend Trade Secrets Act (DTSA): Federal law providing uniform standards and remedies for trade secret protection across the United States

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to protect customers' personal financial information

HIPAA: Federal law protecting sensitive patient health information from disclosure without consent

COPPA: Federal law protecting children's personal information online for those under 13

FERPA: Federal law protecting the privacy of student education records

California Consumer Privacy Act (CCPA): State law giving California residents rights over their personal data and imposing obligations on businesses

Virginia Consumer Data Protection Act: State law providing Virginia residents with data privacy rights and regulating business data practices

Colorado Privacy Act: State law establishing privacy rights for Colorado residents and requirements for businesses processing personal data

Utah Consumer Privacy Act: State law providing Utah residents with data privacy rights and establishing business compliance requirements

Connecticut Data Privacy Act: State law protecting Connecticut residents' personal data and regulating business data processing

GDPR Compliance: European Union regulation consideration when handling data of EU residents, including cross-border transfer requirements

PCI DSS: Payment Card Industry Data Security Standard for organizations handling credit card information

FTC Guidelines: Federal Trade Commission's guidelines on data protection and privacy best practices

NIST Cybersecurity Framework: National Institute of Standards and Technology's framework for managing and protecting data and systems

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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